By Tanya Helfand | Published May 31, 2018 | Posted in Court Rules, Custody, Divorce | Tagged Tags: Court Rules, divorce lawyer, mediating | Comments Off on Mediating the Divorce
Mediating the Divorce
The New Jersey Court Rules require that parties to a divorce be advised of the option to use mediation to resolve their divorce. Mediation can be done with both parties acting pro se or being unrepresented by counsel with the mediator assisting the participants to discuss their concerns and arrive at an agreement. Divorcing couples Read More
Read MoreFathers’ Rights in New Jersey
We represent both mother and father zealously in custody/parenting situations. The law in New Jersey is extremely favorable to dads – not a single aspect of the law is gender biased. The goal in a custody case is to achieve what is in the best interest of the child or children in the particular family. Read More
Read MoreThe Alimony Debate
Alimony is financial support paid to a spouse when there is a divorce. It is not paid in all divorce cases. The general economic purpose of alimony is to prevent dependence on welfare benefits and to ensure that a spouse with significantly less income can maintain a reasonable standard of living. When a marriage ends Read More
Read MoreProtecting Client’s Rights
The law is gender neutral and based on legislative and social policies. Representing a client well is a balance of skill and knowledge to use the facts and the law together to achieve an equitable result. Sometimes the client expects for a lawyer to tell them what they want to hear and expects the Judge Read More
Read MoreWhen one spouse has debt and the other spouse doesn’t want to file for bankruptcy
At Helfand & Associates, in addition to family law, we have been handling individual and small business bankruptcy cases for over 15 years. If a couple is married, they can file together and the cost is just modestly more than an individual bankruptcy although it includes the debts of both parties. Frequently, a couple even Read More
Read MoreWhat Happens to Gifts or Loans if the Couple Does Not Get Married?
Traditionally, when a man proposes marriage, he gives his fiancé an engagement ring. This ring is a gift in contemplation of marriage. It is not the same as other jewelry which are gifts that may be given in a dating relationship but does not carry with it the commitment to marry. If the couple breaks Read More
Read MoreThe courts may modify or dissolve a final restraining order for good cause
After a Final Restraining Order (FRO) is issued for domestic violence, the parties cannot be in the same place together. If the victim who has a Final Restraining Order approaches the Defendant or instigates conflict (such as a wife calling her husband names or going to where he is when he has parenting time), she Read More
Read MoreMy spouse and I own a business together. How will a judge split the business?
Businesses have value and are considered assets for division pursuant to the equitable distribution law. Typically, in a divorce, an accountant values the business. The accountant, among other things, reviews the tax returns, books and records of the business for several years, obtains information from the business owners, and accountant of the business and researches Read More
Read MoreSpecial Immigrant Juvenile
A third-party may be granted custody of a foreign juvenile illegally living in the United States if the juvenile has “special immigrant” status under the Immigration and Nationality Act (INA). Essentially, the statute formalizes a legal status for the juvenile and ensures a level of protection from deportation. The INA provides various circumstances under which Read More
Read MoreWorking to Resolve Custody
Many divorce cases involve minor children with parents who struggle to get along. The tension between parents may leave them unable to make joint decisions for the best interests of the children. Throughout the divorce process, parents have the opportunity to achieve child custody, child visitation, and parenting plans that are workable for them and Read More
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